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Discrimination / Harassment

EEOC defines ‘reasonable factors other than age’ in age discrimination cases

04/12/2012

A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age,” or RFOA, not discrimination. Last month, the EEOC issued final regulations that clarify—using a nonexhaustive list of “other than age” factors—what would legally qualify as a legitimate RFOA in age-bias cases. This new EEOC Q&A document explains the new rules… 

Former employee of music publisher sings to EEOC

04/12/2012
Winona-based Hal Leonard Publishing Co. has settled a sexual harassment class action suit with the EEOC. The music publisher will pay $150,000 to a class of women who claim they had to endure unwanted grabbing, squeezing and sexual innuendo.

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.

Report alleges state didn’t investigate hospital head

04/12/2012
The state Department of Human Services failed to check educational and employment references for the director of the state’s largest mental hospital, according to a report by Minnesota Public Radio.

Menorah House sees the light

04/11/2012
A Boca Raton nursing facility, Menorah House, has agreed to settle a religious discrimination suit filed by two former employees after management stopped accommodating their religious needs. The two employees were Seventh-Day Adventists, who do not work from sundown Friday to sundown Saturday.

Don’t treat pregnancy-related absences differently than other medical absences

04/11/2012
If you provide additional leave or special arrangements for someone recovering from a heart attack or broken leg, you must provide them for a pregnant employee, too. Otherwise, you may be violating the Pregnancy Discrimination Act.

Boca Raton gas station draws ire for alleged religious bias

04/11/2012
It’s not just discrimination against workers that gets employers in trouble. Bias against customers can land them in hot water, too.

No job protection for urging criminal report

04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.

Nasty racial bias: Would you like fries with that?

04/11/2012
Does your computer system allow employees to write notes about customers? Do your employees think the customers will never see those notes? That’s a recipe for a disaster, as a California restaurant found out.

Employee concedes shortcomings? Document it!

04/09/2012

Employees who lose their jobs have an incentive to sue—and they’ll often look for evidence of discrimination to form the basis of their lawsuits. But to win in court, employees have to show they were meeting their employer’s legitimate expectations. That’s hard to do if the employer can show the employee admitted her shortcomings.